Category Archives: Personal Injury

Our premises liability and negligent security attorneys have secured a landmark $4.3 million verdict in Harris County District Court, holding apartment complex owners accountable for inadequate security that led to the tragic death of M. Bonilla. This case (No. 2017-08414) demonstrates our firm’s commitment to justice for families affected by negligent apartment security.

Fatal Security Failure

This landmark case arose after intruders gained access to Magnolia Cove Apartments due to severely inadequate security measures, leading to M. Bonilla’s tragic death. Our client, N. Ardon, brought claims individually, as representative of M. Bonilla’s estate, and as next friend of minor E. Bonilla.

Our investigation revealed critical security failures:

• Broken security gates allowing unauthorized access
• Insufficient lighting in common areas and parking lots
• Lack of functioning security cameras
• Absence of security patrols
• History of criminal activity that went unaddressed

Through extensive discovery and expert testimony, our trial team proved that both APTMC, LLC (Magnolia Cove Apartments) and Gatesco, Inc. knew about security risks but failed to take appropriate action.

Understanding Apartment Complex Security Obligations

Texas law requires apartment owners to protect residents from foreseeable criminal acts. This includes:

1. Proper Access Control

• Working security gates
• Controlled entry systems
• Secure locks and doors
• Monitored access points

2. Adequate Lighting

• Parking areas
• Common walkways
• Building entrances
• Stairwells and corridors

3. Security Systems

• Surveillance cameras
• Alarm systems
• Emergency response protocols
• Security personnel when warranted

4. Crime Prevention

• Regular security assessments
• Criminal activity monitoring
• Resident safety communications
• Swift response to security concerns

Historic $4.3 Million Verdict Breakdown

The Harris County jury recognized the devastating impact of these security failures:

Individual Claims (N. Ardon):

• $850,000 future damages
• $450,000 past damages
• Prejudgment interest from February 2017

Minor Child (E. Bonilla):

• $1,250,000 future damages
• $750,000 past damages
• Additional prejudgment interest

Estate Claims (M. Bonilla):

• $200,000 in damages
• Associated interest and costs

Liability Distribution:

• Magnolia Cove Apartments: 35%
• Gatesco, Inc.: 65% (triggering joint and several liability)

Foreseeability of Criminal Activity

Our legal team proved the critical element of foreseeability through:

• Prior criminal incidents at the complex
• Police reports from surrounding area
• Security expert testimony
• Industry standard analysis
• Crime statistics for the location

This evidence demonstrated that property owners knew or should have known about security risks but failed to act.

Legal Standards for Apartment Security

Texas courts recognize specific requirements for apartment security:

1. Duty of Care

• Reasonable security measures
• Regular maintenance of security features
• Response to known risks
• Protection of residents

2. Industry Standards

• Access control systems
• Professional security assessments
• Crime prevention through environmental design
• Emergency response protocols

3. Documentation Requirements

• Security incident reports
• Maintenance records
• Resident complaints
• Security system testing

4. Staff Training

• Security awareness
• Emergency procedures
• Resident communication
• Incident reporting

Impact on Texas Apartment Security Law

This verdict establishes important precedents:

1. Property Owner Accountability

• Direct liability for security failures
• Management company responsibility
• Joint liability implications
• Duty to maintain security systems

2. Security Measure Requirements

• Modern security technology standards
• Staffing obligations
• Maintenance expectations
• Response time requirements

3. Damage Calculations

• Long-term impact consideration
• Family member compensation
• Estate recovery rights
• Interest calculations

Protecting Your Rights After a Security Incident

If you’ve been affected by apartment complex security failures:

1. Immediate Actions

• Ensure personal safety
• Contact law enforcement
• Document all evidence
• Seek medical attention if needed

2. Documentation

• Photograph security failures
• Record incident details
• Gather witness information
• Keep all communications

3. Legal Considerations

• Preserve evidence
• Report to management
• Contact experienced attorneys
• Understand time limitations

4. Rights Protection

• Don’t sign management documents
• Maintain incident records
• Consider temporary relocation
• Document all expenses

How Doyle Dennis Avery LLP Can Help

Our firm specializes in:

• Negligent security cases
• Apartment complex liability
• Wrongful death claims
• Premises liability
• Complex civil litigation

Our approach includes:

1. Thorough Investigation

• Crime scene analysis
• Security system evaluation
• Historical incident review
• Expert consultation

2. Evidence Gathering

• Security records
• Maintenance documents
• Witness statements
• Expert testimony

3. Legal Strategy

• Multi-defendant litigation
• Insurance coverage analysis
• Damage modeling
• Trial preparation

Contact Us Today

Free Consultation Available

Don’t wait – Texas law limits the time to file claims. Contact our experienced trial attorneys today to protect your rights and seek justice.

Doyle Dennis Avery LLP recently filed a petition to open an investigation into the circumstances that caused the death of Mark Hopkins, a 22-year-old student in College Station, Texas.

On February 8, 2022, officers with the College Station police department executed a search warrant at an off-campus residence occupied by Mark, his girlfriend, and another student. The suit alleges that the warrant was based on an affidavit that falsely claimed there were Venmo transactions between Hopkins and Abraham Escobar, the target of the search warrant who police suspected of being a drug dealer. Escobar was neither an occupant of the home that was the subject of the search warrant, nor was he present at the time of its execution.

The lawsuit alleges that at or around 6:00 a.m., College Station PD used “flash bang” devices to enter the premises. Hopkins and his girlfriend awoke during the commotion and believed burglars had broken into their home. According to Mark’s girlfriend, a witness to the tragic events that morning, they did not hear any knocking or attempt by the raid members to identify themselves as police officers. Fearing for their safety, Mark grabbed his personal shotgun as he instructed his girlfriend to hide in the closet and call 911. After College Station PD forced entry into the couple’s bedroom, Mark’s girlfriend witnessed him fall to the ground after being repeatedly shot at by police officers, according to the lawsuit.

After many months of ignored requests for information by the City of College Station, the Hopkins family retained Aaron W. Perry and Doyle Dennis Avery LLP to uncover the truth of the matter. On October 9, 2023, Doyle Dennis Avery LLP filed a “Rule 202” petition on behalf of the Hopkins family in Brazos County, Texas. The family seeks to gain access to incident reports, investigative documents, and unabridged body camera footage to clarify the circumstances that led to Mark’s untimely end. Additionally, they hope that the investigation will facilitate the transparency necessary to clear Mark Hopkin’s name.

Ignoring safety protocols and basic civil rights can lead to grave consequences. Doyle Dennis Avery LLP strives to hold the individuals involved, as well as the systems that enable those individuals, accountable for their conduct. If you or a family member has been harmed by reckless conduct by police officer or other public official, contact us for a free evaluation of your potential claims.

Doyle Dennis Avery LLP recently filed suit against three defendants Rise Communities LLC, GR-M1, LTD., and Meridiana Community Association, INC., in Harris County, Texas.

Doyle Dennis Avery LLP’s client seeks to hold Rise Communities accountable for its actions related to failing to maintain its structure. In addition, Doyle Dennis Avery LLP’s client seeks to hold Meridiana Community Association liable for its failure to warn, maintain, and protect against hazards and objects that could cause harm to users of their underpass. Lastly, Doyle Dennis Avery LLP’s client seeks to hold GR-M1, LTD., a parent company for Rise Communities, liable for the direct negligence of its subpart. 

On or about June 3^rd, 2022, Doyle Dennis Avery LLP’s client was riding to work on his electric scooter. While taking his normal route into work, the client utilized the Defendant’s underpass, made specifically for children to bypass above traffic, but was violently thrown from his scooter when he came upon a hidden divot in the underpass. The client suffered a broken jaw and received several stiches in his chin.

Doyle Dennis Avery LPP has significant experience in representing individuals who have been injured due to the negligence of large corporations. For example, in Lunford v. VLive Houston a premises liability dispute, the attorneys at Doyle Dennis Avery LLP was awarded a $52.6 million judgment, including $47+ million in actual damages and $5 million in exemplary damages. If you or someone close to you has suffered an injury due to a company’s negligence, contact the lawyers at Doyle Dennis Avery LLP for an evaluation of your potential claims.  

Houston Police Department officers shot and killed Dennis Tuttle and Rhogena Nicholas in a botched drug raid in 2019. Following their deaths, the Tuttle and Nicholas families’ (the “Families”) filed a lawsuit against the City of Houston, alleging that the officers used excessive force in executing the search warrant and that the search and seizure were unlawful. The Families asserted both direct claims and claims premised on failure to intervene against the individual officers. Importantly, the Families also asserted claims against Lieutenants Todd and Gonzales, who had a role in supervising the other officers, for excessive force and unlawful search-and-seizure based on direct liability and failure to supervise. The Families argued that they sufficiently stated a claim for supervisor liability against Todd. They then argued that the district court correctly concluded that Todd was not entitled to qualified immunity because the allegations against Todd for supervisor liability overcame qualified immunity.
The Fifth Circuit affirmed in part, reversed in part, and vacated in part. First, the Fifth Circuit affirmed the district court’s denial of the individual officers’ motions to dismiss the Families’ claims for excessive-force and thus allowed those claims against the individual officers to proceed. The Fifth Circuit declined to address the motions to dismiss the search-and-seizure claims asserted against Sepolio, Salazar, Gallegos, Wood, Pardo, Medina, Reyna, Lovings, and Ashraft.
In addition, the Fifth Circuit held that the district court correctly allowed the Families’ failure-to-supervise claim under 42 U.S.C.S. § 1983 to proceed because the Families alleged multiple specific instances in which the officer fraudulently obtained a search warrant and in which violence occurred, and the officer’s supervisor knew about these infractions, but did nothing to correct them. Regarding Todd, the Fifth Circuit determined that the district court “lacked jurisdiction to enter any judgment respecting Lieutenant Todd.” Thus, the Fifth Circuit vacated the district court’s order. Regarding Gonzales, the Fifth Circuit dismissed the Families’ claims against Gonzales for excessive force and search-and-seizure claims based on direct liability. However, the Fifth Circuit concluded that the facts alleged support the inference that Gonzales failed to supervise Goines, and that a causal link exists between his failure to supervise and the actions that ultimately occurred. Thus, the Fifth Circuit held that the district court was correct in allowing the claims against Gonzales to proceed.
Finally, because federal qualified immunity does not apply to state-law claims, the Fifth Circuit declined to address whether the Families’ state-law wrongful death and survival claims against all defendants should be dismissed.
Read the full opinion here (Tuttle v. Sepolio, No. 22-20279, c/w No. 23-20013, 2023 U.S. App. LEXIS 12834 (5th Cir. 2023):

https://law.justia.com/cases/federal/appellate-courts/ca5/23-20013/23-20013-2023-05-24.html

Doyle Dennis Avery LLP has filed a lawsuit on behalf of our clients who sustained serious injuries after a vehicular collision with a car operated by 210 HOSPITALITY, INC. d/b/a Chick-Fil-A Summerwood (“Chick-Fil-A Summerwood”).  The general personal injury lawsuit seeks to collect damages for the injuries caused by the defendant’s negligent actions and omissions. Doyle Dennis Avery LLP will now aggressively pursue the damages owed to our clients as a result of this vehicular collision accident. Our experienced team of trial lawyers is dedicated to fighting for the rights of our clients and securing the justice and compensation they are entitled to receive.

On or about February 9, 2021, our clients were driving when a vehicle operated by a Chick-Fil-A Summerwood driver struck their vehicle. As our clients were turning onto the road, traveling eastbound and had the right of way, the defendant failed to yield, thereby striking the vehicle. Our clients sustained injuries to their backs, necks, shoulders, ankles, and body generally. The negligent actions of Chick-Fil-A Summerwood was the direct cause of the accident and the injuries to our clients. Doyle Dennis Avery LLP will aggressively pursue justice on behalf of our clients, seeking to hold the defendant accountable for their gross negligence and the harm they have caused. Furthermore, we will work tirelessly to secure the full and fair compensation that our clients are entitled to receive.

As a result of the defendants’ negligent actions and/or omissions, the clients are reasonably expected to sustain damages and in reasonable probability will continue to suffer physical pain and mental anguish for past and future medical care, loss of earnings in the past and future, and other legal injuries.  

Doyle Dennis Avery LLP is a highly experienced team of trial lawyers who have achieved impressive results for their clients. With decades of collective experience, our attorneys have a proven track record of success. Take a look at our case results, client reviews and firm history to learn more about our reputation for excellence. We are dedicated to providing exceptional legal guidance and communication throughout the lawsuit process. If you have been injured due to someone else’s negligence, we invite you to contact Doyle Dennis Avery LLP for a free case evaluation. Our attorneys and staff are committed to helping clients protect their livelihoods and wellbeing. Don’t hesitate to reach out to us today to discuss your case.